DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluescope Steel Pty Ltd
(AG2015/1412)

LYSAGHT DUBBO WORKPLACE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 8 JULY 2015

Application for approval of the Lysaght Dubbo Workplace Agreement 2015.

[1] n application has been made for approval of an enterprise agreement known as the
Lysaght Dubbo Workplace Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Bluescope Steel Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 15 July 2015. The nominal expiry date of the Agreement is 4 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bluescope Steel Pty Ltd sought approval of the Lysaght Dubbo Workplace Agreement 2015. The application involved a dispute regarding the implementation of the agreement, which aimed to regulate the employment terms and conditions of workers at the Lysaght Dubbo facility. The central issue before the Commission was whether the agreement met the statutory requirements under the Fair Work Act 2009 and was consistent with the principles of the Fair Work system.

The primary legal issues revolved around the compliance of the agreement with the Act, particularly sections concerning the process for making and approving workplace agreements. The Commission had to determine if the agreement was fairly negotiated, free from coercion, and if it adhered to the procedural requirements for approval. Furthermore, the Commission examined whether the agreement complied with the provisions on minimum entitlements, such as wages, hours of work, and other conditions of employment, to ensure it did not undermine the safety net of minimum standards provided by the Act.

The Commission concluded that the agreement was appropriately negotiated and met all the statutory requirements for approval. The evidence presented demonstrated that the agreement was fairly negotiated and did not contravene the Act. Additionally, the Commission found that the agreement did not undercut the safety net of minimum entitlements. Therefore, the Commission approved the Lysaght Dubbo Workplace Agreement 2015, finding it to be compliant with the Fair Work Act 2009 and consistent with the overarching objectives of the Fair Work system.

Bluescope Steel Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established